Minutes March 21, 1989CITY OF DENTON CITY COUNCIL MINUTES
MARCH 21, 1989
The Council convened into the Work Session at 5:30 p.m.
Civil Defense RoOm.
in the
455
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
Item %4 was moved ahead in the agenda order.
4. The Council received an update from 2499 Task Force
representatives.
Bill Utter, Vice-Chair, 2499 Task Force, presented an update on
the progress of the Task Force. Among the items presented were
(1) the Task Force had ratified a contract with DeShazo, Starek
& Tang, (2) the Task Force had been expanded to include one
member from the City of Corinth and one members from the City
of Copper Canyon, (3) the consultant was working on alternate
routes for the road, (4) the consultant was working on the
technical aspects of the study such as generating traffic
volumes and use, (5) the Task Force had reviewed the option to
enlarge the study to include connecting the facility with-I35E
which would require an additional $10,000. Utter stated that
the County had agreed to pay an additional $7,000 for the
study. Consensus of the Council was to fund the remaining
$3,000 for the study.
Council returned to the regular agenda order.
1. The Council considered a "Keep America Beautiful"
application to become a certified city.
Lloyd Harrell, City Manager, stated that the Beautification
Task Force was ready to take on another project and stated that
Jeanne Morrison would present the item.
Jeanne Morrison, Beautification Task Force, stated that several
new committees would De added do work on the project. To
receive the funds, the City needed to be certified. Funds
would De used for training, seminars, brochures, etc. The
ultimate goal to work for would be the Governor's Award which
awarded $100,000 to the City with the most points for
beautification/clean up. The City of Denton would already
receive points for its recycling program and similar projects.
Consensus of the Council was to proceed with the project.
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City of Denton City Council Minutes
March 21, 1989
Page 2
2. Council received an update on the Main Street Program
and considered a proposal to create a Main Street Advisory
Board.
Geneva Berg, Main Street Task Force, stated that the Task Force
had fulfilled its mission in the hiring of a Main Street
Manager. The Task Force was recommending that the Council
create a Main Street Advisory Board to continue the project.
She presented a suggested make-up of the Board.
Jane Finley, Main Street Manager, updated the Council on her
activities since being hired. Those activities included
dealing with Spring Fling, County Seat Saturday, landscaping on
the Courthouse, a masterscape plan around the Square, and
establishing links with existing businesses and organizations.
3. The Council held a discussion concerning support for
implementation of a proposed medical examiner district.
Mayor Stephens stated that he had received a letter from
Justice of the Peace Jeff Moseley regarding the implementation
of a medical examiner district. He asked Council for feedback
regarding this matter.
Consensus of the Council was to proceed with a resolution of
support.
Item 94. was considered earlier in the meeting.
5. The Council was to consider Council-Manager Goals and
Plans Seminar locations and items to be considered.
This item was not considered.
6. The Council convened into Executive Session to discuss
legal matters, real estate, and personnel/board appointments
(considered an appointment to the Low/Moderate Income Housing
Task Force and Electrical Code Board).
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Boyd, Gor~on and McAdams.
ABSENT: None
1. The Council received a presentation of the Denton Fire
Department Commemorative Album to the Mayor and Council from
the Fire Department.
City of Denton City Council Minutes
March 21, 1989
Page 3
457
Charles Brockett presented a copy of the book to each Council
Member. He stated that the book represented a great number of
volunteer hours of work and thanked everyone who worked so hard
to make the dream a reality.
Mayor Stephens thanked Mr. Brockett for the presentation.
Mayor Stephens presented a proclamation for Community
Development Block Grant Week.
2. The Council held a public hearing and considered
adoption of an ordinance requesting a change in zoning from
planned development (PD-128) for a medical office to two-family
(2F) zoning district. Petitioner was Jay Ballentine. The
property was located at the southeast corner of Scripture
Street and Fry Street and more fully described in the E.
Puchalski Survey, Abstract No. 996. If approved, the property
may be utilized for any purpose allowed under the two-family
(2-F) zoning district. Z-89-001. (The Planning and Zoning
Commission recommended approval).
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that the property was
currently zoned PD-128 for medical office use. A request for a
change to two-family had been recommended by the Planning and
Zoning Commission. The property was located in a low intensity
area and a less than proportionate share of intensity was
requested.
The following ordinance was considered:
NO. 89-040
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) TO
TWO-FAMILY DWELLING (2-F) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.209 ACRE OF
LAND, LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF SCRIPTURE STREET AND FRY STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
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City of Denton City Council Minutes
March 21, 1989
Page 4
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
B. The Council held a public hearing and considered
approval of a resolution approving the funding of plan
candidate water and sewer lines to serve property to be
developed by Triangle Plastics, Inc., in accordance with the
approved guidelines for funding and selecting development plan
candidate water and sewer lines. (The Public Utilities Board
and the Planning and Zoning Commission recommended approval).
The Mayor opened the public hearing.
Bill Holt, Economic Development Department - Chamber of
Commerce, requested approval of the resolution stating that it
would promote good economic growth in the CiSy of Denton.
No one spoke in opposition.
· The Mayor closed t. he public hearing.
Bob Nelson, Executive Director for Utilities, stated tha~ this
was the first applicant for infrastructure assistance.
Triangle Plastics met all the criteria for the guidelines for
compliance.
The following resolution was considered:
RESOLUTION NO. R89-020
A RESOLUTION APPROVING THE FUNDING OF PLAN CANDIDATE
WATER AND SEWER LINES TO SERVE PROPERTY TO BE
DEVELOPED BY TRIANGLE PLASTICS, INC., IN ACCORDANCE
WITH THE APPROVED GUIDELINES FOR FUNDING AND SELECTING
DEVELOPMENT PLAN CANDIDATE WATER AND SEWER LINES;
PROVIDING FOR THE WAIVER OF PRO RATA CHARGES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "ayes" Boyd "ayet" and Mayor Stephens
"aye." Motion carried unanimously.
Consent Agenda
McAdams motioned, Gorton seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
City of Denton City Council Minutes
March 21, 1989
Page 5
A. Bids.and Purchase Orders:
1. Bid ~9953 - Repair Raw Water Pump
2. Bid #9957 - 2 Mini-Vans
Bid ~9958 - Rental of Street Construction
Equipment
4. Bid ~9961 - Purchase of 3 Riding Mowers
B. Tax Refunds
Consider approval of a tax refund for J.
Corpening/MBank.
C. Plats and Replats
Consider approval of the final replat of
Phase I of the Audra Meadows Addition, Lots
25A through 26B, Block A; and Lots 20A
through 34B, Block B; into Lots 25 and 26,
Block A and lots 20 through 34, Block B.
(The Planning and Zoning Commission
recommended approval).
4. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
The following ordinance was considered:
NO. 89-041
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OR RENTAL OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
'EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
City of Denton City Council Minutes
March 21, 1989
Page 6
B. The Council considered adoption of an ordinance
amending the schedule of rates for water services by adding a
new schedule WGI (Government Sprinkler Irrigation Rate). (The
Public Utilities Board recommended approval).
Bob Nelson, Executive Director for Utilities, stated that the
City of Denton was strongly promoting programs to beautify the
City. A major focus of the effort had been the thoroughfare
entrances with planting of tress and ground cover along the
street right-of-way and medians. In order to support the
beautification program, the new rate was being proposed to help
finance the cost of installation and maintenance of lawn
sprinkler systems.
The following ordinance was considered:
NO. 89-042
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE SCHEDULE OF RATES FOR WATER SERVICES BY ADDING A
NEW SCHEDULE WGI (GOVERNMENT SPRINKLER IRRIGATION
.RATE); AND PROVIDING FOR AN EFFECTIVE DATE.
Gorton motioned, Ayer seconded to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "ayes" Hopkins "ayet" Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
C. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Municipal
Code Corporation for the republication of the City of Denton
Code of Ordinances and approving the expenditure of funds
therefor.
The following ordinance was considered:
NO. 89-043
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND MUNICIPAL CODE CORPORATION FOR THE
REPUBLICATION OF THE CITY OF DENTON CODE OF
ORDINANCES; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens'
"aye." Motion carried unanimously.
City o~ Denton City Council Minutes
March 21, 1989
Page 7
D. The Council considered adoption of an ordinance
amending the Development Schedule for the Planned Development
District approved by Ordinance No. 86-210 (PD-125). (The
Planning and Zoning Commission recommended approval)
Cecile Carson, Urban Planner, stated that the planned
development required a schedule when the detailed plans were to
be submitted. Those were to have been submitted in August of
1987, November of 1987, and November of 1988. The petitioner
was requesting a three year extension of the schedule due to
current economic conditions.
The following ordinance was considered:
NO. 89-044
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE DEVELOPMENT SCHEDULE FOR THE PLANNED DEVELOPMENT
DISTRICT APPROVED BY ORDINANCE NO. 86-210 (PD-125):
AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye." Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
5. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to file application with the Texas
Water Commission for, and to take such other actions as were
necessary to obtain authorization under state law to use water
from Lake Ray Roberts. (The Public Utilities Board recommended
approval).
The following resolution was considered:
RESOLUTION NO. R89-021
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE
APPLICATION WITH THE TEXAS WATER COMMISSION FOR, AND
TO TAKE SUCH OTHER ACTIONS AS ARE NECESSARY TO OBTAIN
AUTHORIZATION UNDER STATE LAW TO USE WATER FROM LAKE
RAY ROBERTS AND PROVIDING FOR AN EFFECTIVE DATE.
· ~dams motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
~.~City of Denton City Council Minutes
March 21, 1989
Page 8
B. The Council considered approval of a resolution
approving a park donation policy. (The Parks and Recreation
Board recommended approval). /
The following resolution was considered:
RESOLUTION NO. R89-022
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A
PARK DONATION POLICY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Ayer m'otioned, Gorton seconded to approve the resolution. On
roll Vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
C. The Council considered approval of a resolution
supporting the implementation of a medical examiner district.
The following resolution was considered:
.RESOLUTION NO. R89-023
A RESOLUTION SUPPORTING THE IMPLEMENTATION OF A
MEDICAL EXAMINER DISTRICT; AND DECLARING AN EFFECTIVE
DATE.
McAdams motioned, Hopkins seconded to approve the resolution
with the following changes: the 6th Whereas was to be deleted
and the wording changed in Section I to read "expresses its
support to". On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "ayet" Gorton "ayet" Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
D. The Council considered approval of a resolution
approving the financing by the Bell County Health Facilities
Development Corporation of a health facility located within the
City of Denton, Texas.
John McGrane, Executive Director for Finances, stated that
Parkside Lodge was wanting to refinance its facilities which
included the one in Denton. State law required the City's
consent to proceed.
The following resolution was considered:
City of Denton City Council Minutes
March 21, 1989
Page 9
RESOLUTION NO. R89-024
RESOLUTION APPROVING THE FINANCING BY THE BELL COUNTY
HEALTH FACILITIES DEVELOPMENT CORPORATION OF A HEALTH
FACILITY LOCATED WITHIN THE CITY OF DENTON, TEXAS.
McAdams motioned, Hopkins seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, stated that he had no items other
than the February budget recap as shown in the back-up
materials.
7. There was no official action taken on Executive
Session items of legal matters, real estate, personnel/board
appointments.
8'. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Gorton requested that a copy of a
communication received from the YMCA concerning the afterschool
care program be forwarded to the Park and Recreation Board with
instructions to look at budget impact if the YMCA took over the
program. He requested that current impact plus the possibility
of providing the service to only low-moderate income families
as well.
B. Council Member Boyd requested a review of the
procedures involving institutions giving money to the City. He
also requested that the rates charged for rental of meeting
rooms at the Martin Luther King, Jr. Recreation Center be
reviewed.
9. The Council reconvened into Executive Session to
discuss legal matters, real estate, personnel/board
appointments (considered an appointment to the Low/Moderate
Income Housing Task Force and the Electrical Code Board).
The Council then convened into open session and took the
following action:
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City of Denton City Council Minutes
March 21, 1989
Page t0
Gorton motioned, Alexander seconded to appoint Jim Robbins to
the Electrical Code Board. Motion carried unanimously.
With no further business, the meeting was adjourned at 8:20 p.m.
J~NIFER~ALTERS - -
c FY SECRETARY
CITY OF DENTON, TEXAS
306BC